Alimony for poverty in Turkish law, its relationship with similar institutions, and a critical and solution-oriented approach to the problems encountered in practice

Alimony for Poverty, first established in our legal system with Article 144 of the Civil Code dated October 4, 1926, shaped by Article 6 of Law No. 3444 dated 1988, and finally updated and currently regulated by Article 175 of Turkish Civil Code No. 4721 dated 2001. The main subject of our Master's thesis is Alimony for Poverty, which is one of the financial consequences resulting from the termination of the marital union. Alimony for Poverty is a claim for rights related to Family Law and is a debt arising from the law. The eligibility to claim Alimony for Poverty depends on the fulfillment of certain conditions and the presence of specific elements. In this context, firstly, the termination of the marital union by a court decision is required, the party claiming alimony must have fallen into or will fall into poverty, this state of poverty must have occurred as a result of divorce/nullity, and the party requesting alimony should not be found more at fault than the other party in relation to the events leading to the divorce. Alimony for Poverty can be paid in cash or in kind. If cash payment is foreseen, the court or the parties can determine the payment method as a lump sum or as installments. In cases where Alimony for Poverty is ordered to be paid in installments, there is no specific upper or lower limit determined in the law regarding the duration of the payments, which has been subject to considerable debate in doctrine and practice. In addition, there are essential issues that need to be resolved, such as the short statute of limitations regarding Alimony for Poverty, the lack of provision in the law stating that the loss of payment ability and falling into poverty by the party obliged to pay alimony would terminate Alimony for Poverty. As Alimony for Poverty is one of the alimony types regulated in the Turkish Civil Code, the thesis first provides explanations regarding the general characteristics of alimony and the relationship between Alimony for Poverty and other types of alimony. Since Alimony for Poverty is closely related to other financial consequences resulting from the termination of marriage, it is considered beneficial to address these topics as well. Furthermore, in this study, attention is drawn to the problematic points related to Alimony for Poverty, which we frequently encounter in the media and press and require resolution. In this context, the doctrine, judicial decisions, and regulations found in other legal systems have also been utilized.